Open carry in texas college
ShaiVong
August 1, 2003, 04:30 PM
I thought I had heard a story about some college that was trying to encourage open carry in Texas, to reduce crime rates or something like that.
Did this actually happen, or did I dream it? :p
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synoptic
August 2, 2003, 02:45 AM
Saxon, i believe you're correct. Of what i can find, it seems that any type of carry on school property is against tTexas Law. Someone has claimed that the wording of the law excludes College campuses, but I have yet to find that to be true. Also, with budget cuts and the like, administrators have enough on their minds right now than trying to go against texas law and allow open carry...
Freakhouse
August 2, 2003, 04:18 AM
Texas law actually prohibits firearms on the premises of a campus, which does not include any roadways, parking lots, or walkways. However, open carry is not legal anywhere in texas, except for the obvious exceptions of private property. And I can't imagine any private university in texas allowing anything of the sort.... campaigning here in Longview to get some kind of allowances. I think I am in for a long battle. :rolleyes:
Matt G
August 2, 2003, 03:26 PM
Under Texas Penal Code §46.03. Places Weapons Prohibited (http://www.capitol.state.tx.us/statutes/pe/pe0004600.html#pe003.46.03), it is a third degree felony to carry a firearm, illegal knife, club, or prohibited weapon listed
in Section 46.05(a):
(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;... [emphasis added]
Hm. I've never heard of such a situation. That said, even if the school board or Board Of Regents or whoever was the governing authority of said university adopted such a policy, it would NOT allow people to carry pistols openly , as this would violate either: § 46.02. Unlawful Carrying Weapons (http://www.capitol.state.tx.us/statutes/pe/pe0004600.html#pe002.46.02), which disallows unlicensed carry of pistols in public with few exceptions, or
§ 46.035. Unlawful Carrying of Handgun by License Holder (http://www.capitol.state.tx.us/statutes/pe/pe0004600.html#pe004.46.035), which explicitly states "A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun."
I suppose that such a policy would allow for the open carry of slung shotguns and rifles, which are legal to carry in Texas without a permit.
My suspicion is that this is just an urban legend, though; I've never heard of this.
gunsmith
August 2, 2003, 03:55 PM
have ccw on campus
Freakhouse
August 2, 2003, 05:01 PM
Just a question of theory... if, in the case of a private institution, the school allowed open carry, would someone carrying openly in this situation be legal, as in the case of carrying on ones own private property? Or would this still be a public place, even though on private property persuant to the permission of the owner? I'm really not sure, and it is not going to happen anway, but could it happen legally?
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